Estate of 40-year-old Mother of 4 Receives over $1.4 million for Delayed Breast Cancer Diagnosis

In the spring of 2015, Mrs. F attended at Dr. K’s office complaining of a lump in her breast. Mrs. F was previously in good health and had no family history of breast cancer. An ultrasound and mammogram were ordered and both tests were completed in the summer of 2015.

The ultrasound identified a mass that was highly suspicious for carcinoma and a biopsy was recommended. The mammogram showed two irregular masses, the appearance of which were highly suspicious for malignancy. Prompt surgery was recommended.

Despite receiving the results of ultrasound and the mammogram in the summer of 2015, Dr. K failed to inform Mrs. F of her results promptly and failed to order a biopsy.

In the winter of 2015, Dr. K referred Mrs. F to a general surgeon, Dr. M, who noted that she had an inflammatory left breast cancer and that her left breast had a peau d’orange appearance (this is characterized by edema [excess swelling] and pitting, and results from blockage of lymphatic drainage). A referral was subsequently made by Dr. M for Mrs. F to undergo an urgent biopsy.

Mrs. F lost her battle with cancer and passed away in the spring of 2017. In the months leading up to her death, Mrs. F underwent various rounds of difficult chemotherapy and radiation treatments.

Had Mrs. F been informed of her test results in a timely fashion, she would still be alive today. Time is of the essence in a cancer diagnosis, and Mrs. F was notified of her results seven months too late.

The family of Mrs. F lost a significant provider and now relies solely on Mrs. F’s husband for financial support. Moreover, Mrs. F’s death represents a devastating loss for the family of five and had a dramatic impact on their quality of life (especially for Mrs. F’s second youngest son, who is hearing impaired). Prior to her death, Mrs. F completed essential tasks for the household, including homemaking, childcare, daily meal preparation, and household planning. In addition, Mrs. F was responsible for the physical child care of her youngest son, including bathing, dressing, feeding, and playing.

The defendants were negligent in this case by failing to diagnose and treat Mrs. F’s breast cancer when it was curable. Sommers, Roth & Elmaleh ensured that the family was compensated for the losses they faced due to the untimely death of Mrs. F.

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